safe move or overkill?

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diane1
Posts: 16
Joined: Thu Jul 20, 2006 1:17 pm

safe move or overkill?

Post by diane1 » Tue Jul 24, 2007 1:15 pm

My H1-B status expires in December (7th year) and I have a pending I-140. We submitted I-129 to extend H1-B in early July (we asked for 3 years but will likely only get one unless I140 is miraculously approved now). We are submitting I-485 and I-131 this week. My attorney suggests that we submit I-765 as well. Although there is really no reason for my H1B extension to be denied, he wants to file EAD just in case. It seems wasteful to me (and it is my money that pays all of these fees!) Am I being penny wise and pound foolish?

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Jul 24, 2007 2:14 pm

I have been on H1 for 7 years (and have 2 years left on this 3-year renewl), and have 'bought' an EAD and AP every year.

It is not required, but in the following scenarios, it can prove useful.

1. If you lose your job, you can fins another job -- ANY job -- with an EAD, including McDonald's without any effort by the employer. This may make you more easily employable than having to wait 3 months to get EAD. It would give you some money while you found a new I-485/I-140 sponsor.
Your H1 would only allow you to fins a degreed job, and would require your new employer to sponsor you witha full blown H1 application.

2. If a side business opportunity comes up, you would have the EAD on hand rather than waiting. You would of course at that point also inform your current HR that you are transferring your status documant to EAD rather than H1.


You can e-file for your own EAD and save lawyer fees, I've done this 4 times.

Be warned that the fee for EAD is doubling next month. As is the fee for AP, which you would need if you use EAD.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

diane1
Posts: 16
Joined: Thu Jul 20, 2006 1:17 pm

Post by diane1 » Tue Jul 24, 2007 2:43 pm

Thanks. If I wanted to do consulting on the side, I assume I could use the EAD and, from what you said, I would be using that for my current job as well (the one status at a time rule). Does the H1B die at that point or could I resume using it when the side job ended? I cannot wait until I do not need to know any of the intricacies of immigration law. Who would have ever thought that the ability to moonlight was a privelege!

nelsona
Posts: 16543
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Jul 24, 2007 2:48 pm

You could probably resume your H1, but at the very least you would need to leave US and re-enter on the h1, to be on the safe side.

At teh point I would switch to EAD, I would probably stick to that status until I get my GC.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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